Lawyers & condos
I'll start with a judge lecturing a lawyer and end with a lawyer that may be bonkers.
Halton Standard Condominium Corp. No. 472 v Tritan Inc
Superior Court of Justice Ontario
Court File No: CV-21-876-0000
Re: Halton Standard Condominium Corporations No. 472, 490 & 500
Applicants
and
Tritan Inc., Respondent
Before: Justice C. Chang
Counsel:
A Casalinuovo, for the Applicants
C. Kopach and S. Gaudreau, for the Respondent
Heard: 27 November 2023 (in writing)
[1] The applicants brought this motion for consent orders discharging the respondent’s construction liens and directing the return of security paid into court. For the following reasons, I am not prepared to grant the relief sought based on the materials filed.
That was the first paragraph. The last two paragraphs:
[12] The applicants are to file, at their earliest opportunity, appropriate supplementary materials and a proper draft order that rectify the deficiencies identified above.
[13] I am seized of this motion.
The ten paragraphs in the middle of this ruling are brutal. The judge uses the words:
• sloppiness
• incorrectly refers
• improperly provides
• the slapdash approach
• a result of carelessness
• wasted time, money and painfully scarce judicial resources
• Counsel must do better
Paragraph 9 reads like a teacher correcting poorly written homework:
[9] Counsel must be punctilious in the drafting of their materials. They must, in the proper discharge of their duty, attend to each and every drafting task with the highest levels of care and fastidiousness without regard to whether the applicable litigation step is proceeding on consent or is expected to be vigorously opposed.
The three condos are located in Burlington. A Casalinuovo is an experienced condominium lawyer based in North York.
What a pompous floor plan. Goofy names are trying to make up for an overpriced one-bedroom shoebox.
Eyes wide open
The Greater Fool, Garth Turner, does a hatch job on the couple that lost $140,000 when they backed out of the condo they bought in Guelph.
“Poor Joe and Alicia. They made a few headlines this week. A sob story. Two young kids Hoovered for $140,000 by an uncaring real estate developer.
Normally this crusty and pathetic blog would ignore such a juvenile tale of woe. But several readers have asked what lessons it might contain. There are a few.”
Basically Mr. Turner blames the couple for not knowing what they were buying. If you are interested in what he wrote, you can click on the link above.
Vancouver lawyer who sued neighbour over deck divider accused of pseudolegal 'paper terrorism'
CBC News
Bethany Lindsay
01 December 2024
“McLelland argued the lawsuit is a clear example of what Canadian courts have termed an organized pseudolegal commercial argument (OPCA) — a thoroughly debunked and wholly unsuccessful class of legal theory favoured by fringe groups like Sovereign Citizens and Freemen on the Land.”
You need to read this news report. The link is above.
In a nut shell, “i” who’s dead name is Naomi Arbabi her case would be tried in the "naomi arbabi court." She writes that "this is a claim based on law of the land, and not a complaint based on legal codes acts or statutes" and asks for compensation equal to $1,000 a day for every day the glass divider has been in place — totalling close to $70,000 by now.
the strata corporation has no standing
She also denied that her claim has anything to do with the building's strata corporation, saying that it has "no standing, legally or lawfully."
Arbabi said her case is based rather on an argument of proprietary estoppel, a legal concept based in English common law that protects people who have been negatively affected after relying on assurances related to land. She told the court there was no deck divider when she purchased her condo, and its installation has ruined her home's "crown jewel" — its view of the North Shore mountains.
Sovereign Citizens are a big aggravation. They don’t do well in court but they don’t let up. Lets hope that you don’t come across one in your condo or in your personal life.